United States District Court, M.D. Pennsylvania
O.K. SALES, INC. Plaintiff
CELTIC CABINETRY & MILLWORK, A DIVISION OF D&L HOLDING GROUP, INC.; D&L HOLDING GROUP, INC.; and DAVID GLEASON Defendants
D. MARIANI JUDGE.
Introduction and Procedural History
before the Court is Plaintiff O.K. Sales, Inc.'s Motion
for Entry of Default Judgment (Doc. 9). For the reasons
discussed below, the Court will grant Plaintiff's motion.
August 3, 2017, Plaintiff filed a Complaint naming as
Defendants Celtic Cabinetry & Millwork, a division of
D&L Holding Group, inc., D&L Holding Group, Inc., and
David Gleason. (Doc. 1). The Complaint alleged Breach of
Contract and Unjust Enrichment by the defendants.
record demonstrates that summons were returned executed as to
each defendant (Docs. 5-7), but no attorney has entered an
appearance on behalf of any defendant nor has any defendant
filed a pleading or performed any other action to otherwise
defend the case. Thus, on December 21, 2017, Plaintiff filed
a "Praecipe for Entry of Default Judgment" (Doc. 9)
pursuant to Federal Rule of Civil Procedure 55(a) and
55(b)(1). The Clerk of Court entered default against the
defendants on March 22, 2018. (Doc. 11).
Standard of Review
to the Federal Rules of Civil Procedure, "[w]hen a party
against whom a judgment for affirmative relief is sought has
failed to plead or otherwise defend, and that failure is
shown by affidavit or otherwise, the clerk must enter the
party's default". Fed.R.Civ.P. 55(a). Upon the
party's request, the clerk of court may then enter
default judgment, but only if the claim is for a sum certain
or one that can be made certain by computation, the defendant
has made no appearance, and the defendant is not a minor or
incompetent. Id. at 55(b)(1). In all other cases,
the party seeking a default judgment must make an application
to the court. Id. at 55(b)(2).
the entry of default judgment is "left primarily to the
discretion of the district court", the discretion is not
limitless given that cases should "be disposed of on the
merits whenever practicable." Hritz v. Woma
Corp., 732 F.2d 1178, 1180-1181 (3d Cir. 1984).
"Where a court enters a default judgment, 'the
factual allegations of the complaint, except those relating
to the amount of damages, will be taken as true.'"
DIRECTV, Inc. v. Pepe, 431 F.3d 162, 165 n. 6
(quoting Comdyne I, Inc. v. Corbin, 908 F.2d 1142,
1149 (3d Cir. 1990)).
determining whether to grant a motion for default judgment, a
Court must consider three factors: "(1) prejudice to the
plaintiff if default is denied, (2) whether the defendant
appears to have a litigable defense, and (3) whether
defendant's delay is due to culpable conduct."
Chamberlain v. Giampapa, 210 F.3d 154, 164 (3d Cir.
2000) (citing United States v. $55, 518.05 in
U.S. Currency, 728 F.2d 192, 195 (3d Cir. 1984)).
Entry of Default Judgment
Plaintiff O.K. Sales, Inc. ("O.K. Sales") has
satisfied all of the requirements necessary to obtain a
default judgment against Defendants. In light of the lack of
any response or action on the part of the defendants, the
Court must accept the following key factual allegations as
At all times material to this matter, the above-captioned
parties entered into an Exclusive Distribution Agreement
dated September 2, 2015. . . . .
Additionally, the parties entered into an Individual Guaranty
on [September 2, 2015], [which was] executed ...